Karuppu Durai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.4608 of 2023 1.Karuppu Durai 2.Sankara Vigneswaran 3.Arun Prasath ... Petitioners/Accused Nos.1 to 3 Vs.

1.State rep. by The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

(Crime No.352 of 2020) .. 1st Respondent/Complainant 2.M.Tamilnathan ... 2nd Respondent/Defacto Complainant 3.Dharani ... 3rd Respondent/Victim PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to call for the records relating to the impugned Charge Sheet in P.R.C.No.2/2023 on the file of the District Munsif cum Judicial Magistrate, Kadaladi and quash the same as against the petitioners/accused no.1 to 3.

For Petitioners : Mr.R.Venkateswaran For R1 : Mr.R.Nambiselvan Additional Public Prosecutor 1/5

For R2 : Mr.Y.Athiveera Pandian O RDER This Criminal Original Petition has been filed seeking to quash the charge sheet in P.R.C.No.2 of 2023 on the file of the learned District Munsif cum Judicial Magistrate, Kadaladi.

2.The contention of the petitioners is that based on the complaint lodged by the 2nd respondent, the 1st respondent registered the First Information Report in Crime No.352 of 2020 for the offences punishable under Sections 366 of IPC against the petitioners. 3.The further contention of the petitioners is that they compromised the issue with the 2nd respondent amicably. A joint memo of compromise was filed, which has been duly signed by the petitioners and the 2nd respondent and also by their respective counsels. 4.The petitioners and the 2nd respondent appeared before this Court along with their counsels and also produced their Aadhar cards. They were also identified by the learned Additional Public Prosecutor and the Investigation Officer. Both the parties were enquired by me and they accepted the terms of compromise.

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5.Even though it is a matter of alleged kidnapping, it is seen that the victim is close relative of the first accused. The first accused alleged to have taken the victim girl and pressured her to marry him. But, now it was informed the Court that the victim girl got married with some other boy. The father of the victim girl is present before this Court and submitted that since they are close relatives, they do not want to pursue the matter further.

6.Considering the totality of the circumstances and also in view of the joint compromise memo, dated 08.03.2023, this Court is of the opinion that no useful purpose will be served by keeping the matter pending and inclined to quash all further proceedings in P.R.C.No.2 of 2023 pending on the file of the learned District Munsif cum Judicial Magistrate, Kadaladi in respect of the petitioners. 7.In the result, the Criminal Original Petition stands allowed and the entire proceedings in P.R.C.No.2 of 2023, pending on the file of the learned District Munsif cum Judicial Magistrate, Kadaladi is hereby quashed in respect of the petitioners alone. The compromise memo is 3/5

recorded and the terms of joint compromise memo shall form part of this order.

13.03.2023 Index : Yes/No Internet : Yes/No TM To 1.The District Munsif cum Judicial Magistrate, Kadaladi. 2.The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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G.ILANGOVAN. J.

TM 13.03.2023 5/5